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High Court win for student's wrong mark tot-up case
Rebecca carter speaking to RTE news Pic courtesy RTE

27 Sep 2018 / education Print

High Court win for  wrong mark tot-up case

A student whose Leaving Cert marks were incorrectly totted up has won her case in the High Court.

Rebecca Carter of Castlebridge in Co Wexford repeated her Leaving Cert and was six marks short of the points for veterinary medicine in UCD.

She asked for a review of her exam script and discovered that her examiner had incorrectly totted up her marks resulting in an upward revision on her grade.

Mr Justice Richard Humphreys in the High Court yesterday ordered the SEC to decide the appeal by Friday at noon and said any offer of a place should be made to by Friday evening.

The judge said that appeals process was “highly unfair” and caused “untold stress” to Leaving Cert students hoping to go to university.

Chosen course

Rebecca Carter took her case to the High Court on the grounds that if the marks had been totted correctly she would have been offered her chosen course at university, in the first round of the CAO system.

The Leaving Certificate appeals process does not conclude until after the start of the university academic year. UCD only holds places until 30 September while the appeal would have concluded on 10 October.

After the case, Rebecca said that she was overwhelmed and delighted to have won and relieved that other students would not have to go through the same uncertainty.

The High Court heard the State Examinations Commission gives its position that it could not a fast track appeal just for one case.

However, Mr Justice Humphreys described the appeals system currently in place as “manifestly unfit for purpose”.

The college cut-off date for place allocation spotlighted the system’s deficiencies, he said and the Education minister and his department should urgently review the entire appeals process so they are finished in time for the start of the academic year.

Mr Justice Humphreys said that while 1,700 examiners marked almost 390,000 papers in 54 days, it took another 40 days for 400 examiners to assess just over 9,000 appeals. 

Outside the court Rebecca Carter said that she was “ecstatic” to be starting university and would be first into class on Monday morning.

A Department of Education spokesman said that it understood that the State Examinations Commission would be meeting immediately to discuss the ramifications of the High court decision.

 

 

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